We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Gifting share of rental property to family member - tax implications

Hi all, 
Long time lurker, first time poster!
I'm looking for a bit of "basic" advice to see if what is planned is actually achievable before we go down the route of instructing solicitors. 
My partners friend owns a rental property that he is looking to sell and will be subject to CGT. For argument sake, we'll say it was bought for £50 and now worth £100k. I plan to pay £50k cash for 50% of the property, and the other 50% will be sold to my partner. She is owed £20k by him (although nothing written down formally or documented) from a few years ago, and he will give the remaining portion as a gift. 
So basically, only £50k cash is changing hands, £20k is payback of loan and £30k gift (or might be considered legally as £50k gift?). 
CGT will be based on the 100k value, we're aware of that. What we're unsure of is the tax implications of the "gift" portion of the transaction. 
It's a leasehold flat, and no mortgages would be necessary. 
A bit of a messy scenario but hoping for some initial guidance before we pay for solicitors etc. 
Thanks!

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Gifting doesn't avoid CGT liability for the seller.  As far as the HMRC is concerned market value is the starting point not the consideration paid. Avoidance was blocked many decades ago. The transaction has to be conducted at arms length. 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 January 2021 at 2:32PM
    There's no tax on gifts per se.
    The gift is £30K. If the donor dies within 7 years, the £30K gift will be included in their Estate for Inheritance Tax purposes.
    SDLT will be based on £70K I believe.
  • Thanks for the quick replies. That's right, we're aware that the seller will be liable for CGT on the 100k value. It was more just understanding the implications from gifting the portion of the property - it sounds like it's only an issue for inheritence tax purposes if they die within 7 years - FYI, the person is young and healthy so it's not trying to avoid anything like that. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.6K Banking & Borrowing
  • 254.5K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.5K Work, Benefits & Business
  • 604.4K Mortgages, Homes & Bills
  • 178.6K Life & Family
  • 262K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.